..... of the licence-fees had been effected in an earlier year. the only question was, according to him, whether the ao was justified in charging additional income-tax in respect of a debatable or ticklish question relating to the interpretation of a statutory provision. in his submission, the ao was not justified.13. we have ..... business is set up and thus the entire payment should get amortised over the period of the licence can have no place in the interpretation of the income-tax law and if the claim is incorrect, on the basis of the law existing at the time of filing of the return, there is no ..... issue on the basis of the provision as it existed at the time of filing the return for the asst. yr. 1997-98 and therefore, no additional income-tax can be charged. "4. on a careful consideration of the submissions made, i agree with the action taken by the ao. the appropriate fraction of licence ..... licence-fees paid was not a prima facie adjustment and that consequently the levy of additional income-tax was also illegal. it was contended that until the business was set up, the assessee cannot claim any expenses or losses under the act and therefore, prior to 26th january, 1997, it could not have claimed any expenses ..... under s. 143(1)(a) of the act by disallowing a sum of rs. 31.38 crores, for the reasons given by him in the adjustment explanatory sheet. the second dispute, which is the more important one is whether the ao was justified in levying additional income-tax of rs. 2,69,86,800 under s .....

..... removal with the order of the court. the court had not in its order ordered payment of any interest. 6. the judgment of the gauhati high court in commissioner of income-tax, shillong v. basanta kumar agarwalla and anr., (1983) 140 itr 418 that where the answer to a question is evident and obvious, that question need not be referred to the ..... a direction of the high court there was no authority for the department to demand interest. 5. a simple reading of the provisions of sections 59 and 61 of the act would show that at the relevant time there was no provision for levy of payment of interest in a case such as this, where the duty was not paid at ..... duty, and (2) whether interest on withheld amount of duty is chargeable in terms of section 61(2) read with section 59 of customs act, 1962 in absence of any specific provisions for charging interest under customs act, 1962.2. we have heard both sides. in disposing of an identical questions posed in an earlier application c/ra-38 & 41/98, the ..... 1. the question posed for reference in the application is (1) whether the provisions of interest of section 61(2) of customs act, 1962 is applicable on the amount of duty withheld by the importer of warehoused goods due to stay of court where the warehoused goods were cleared during the permitted period .....

..... levied under section 201(1a) and also hold that the assessee cannot be regarded as an assessee in default in terms of section 201 of the incometaxact.11. the assessee has taken various other grounds but no arguments have been advanced before us. we accordingly dismiss those grounds.12. neither of the ..... also a building. that decision was given in the context of considering the claim of the assessee for investment allowance under section 32a of the incometaxact and so the hon'ble madras high court was considering whether the assessee was carrying on the manufacture of an article or thing within the meaning ..... the earth. we find that there is no such extended definition of land or of building in section 194-1. under section 194-1 of the incometaxact, rent has to be paid for the use of land or of building (including factory building) and nothing else. if a plant is taken on ..... interest under the provisions of section 201(1a) and also held the assessee as an assessee in default under the provisions of section 201(1) of the incometaxact. the orders of the assessing officer have been upheld by the commissioner (appeals). the commissioner (appeals) observed at p. 12 of his order that the ..... 1999, for the assessment years 1995-96 to 1998-99 upholding the orders under sections 201(1) and 201(1a) of the incometaxact holding that the assessee should have, deducted tax at source from the payments made to the following eight parties at 20`% under the provisions of section 194-1 in each of .....

..... we are of the view that the revenue was justified in assessing the capital gain by invoking explanation to section 2(47) of the incometaxact, 1961. no other ground of appeal has been argued before us.13. in the result, the appeal of the assessee is dismissed. ..... year 1989-90, order dated 27-1-1999(4) b. k. jhala & associates v. assistant commissioner in cit appeal no. 1575 (pune) of 1991, assessment year 1989-90 order dated 3-6-1999(5) ajai kumar sah jagati v. incometax officer(1995) 55 itd 348 (delhi)(6) assistant commissioner v. harish jain (1997) 61 itd 4947. the ..... of money received by the assessee and the possession of the property had also been given to the vendees and therefore the capital gain was rightly assessed to tax in the year under appeal.8. we have given our careful consideration to the rival contentions. in this case the limited issue is as to whether ..... that the capital gain cannot be assessed where only an agreement to sell has been executed subject to fulfilment of certain conditions -(1) taherbhai h. rupawalla v. wealth tax officer in wt appeal no. 1259 (bom.) of 1995, assessment year 1991-92, order dated 10-12-1996(2) cwt v. taherbhai h. rupawalla in ra no ..... of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882).*5. thus the crucial question for our determination is as to whether the purchaser had taken the possession of the property during .....

..... the behest of the vendor then the bungalow cannot be transferred to the vendees. since the sale deed is in respect of the land and bungalow, the act of demolishing the bungalow cannot but be on behalf of the vendees. therefore, the fact of demolition of the bungalow in the previous year strongly supports the ..... us that allowing the demolition of the building should be taken as a licence from the vendor to the vendees to do so and not as an act of handing over possession to them.this contention advanced on behalf of the assessee is not well founded.as per the sale agreement the vendor had sold ..... year under appeal and if not as to whether the possession of the property was handed over within the meaning of s. 53a of the transfer of property act. the facts have been elaborately given in the preceding paras. the assessee had executed an agreement to sell on 9th of june, 1988. a power of ..... money received by the assessee and the possession of the property had also been given to the vendees and, therefore, the capital gain was rightly assessed to tax in the year under appeal.7. we have given our careful consideration to the rival contentions. in this case the limited issue is as to whether the ..... of any immovable property to be taken or retained in part-performance of a contract of the nature referred to in s. 53a of the transfer of property act, 1882 (4 of 1882)".thus, the crucial question for our determination is as to whether the purchaser had taken the possession of property during the year .....

..... of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rate of - (i) "rent" means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or ..... . 201(1a) and also held the assessee as an assessee in default under the provisions of s. 201(1) of the it act. the orders of the ao have been upheld by the cit(a). the cit(a) observed at p. 12 of his order that the issue raised in this appeal is rather razor thin and it poses ..... hold that the petroleum storage tanks are structures or things attached to the land within the definition of ss. 3r & 3s of the act referred to above and consequently they are exigible to property tax. the expln. to the s. 194-i goes one step further and states that if any payment is made for not only ..... 9th july, 1999, for the asst. yrs. 1995-96 to 1998-99 upholding the orders under ss. 201(1) and 201(1a) of the it act holding that the assessee should have deducted tax at source from the payments made to the following eight parties at 20% under the provisions of s.194-i in each of the concerned years : ..... of such income to the account of the payee and the provisions of this section shall apply accordingly. the assessee was of the view that the hire or storage charges paid by it to the abovementioned eight parties are subject to deduction of tax at source under the provisions of s. 194c of the it act and so tax was to .....

..... are not identical with that of the instant case. in that case the question of filing the returns belatedly of 400 days delay and that treatment of service tax similar to that of incometax did not arise. moreover judgment in stay petition is not a final determination of the matter. it will have presidential value only if it is determined finally in ..... regularly.3. as against this the ld. dr. shri deepak kumar argues that even assuming that the return has been wrongly taken to be filed as similar to that of incometax in this case there has been delay of more than 400 days therefore the plea of the assessee, therefore he says this case is not a bona fide one. the ..... person an excuse for non-compliance. the provisions of the act even if the arguments of the assessee had been accepted namely that he treated the service tax similar as that of incometax how he could have filed the returns belatedly of 400 days beyond 365 days as applicable to incometax. even in incometax matters certain people have to file quantity returns in respect of ..... the provisions of finance act, 1994.it would appear that the accountant who had been entrusted with the task of filing the return had heart-attack and had by pass surgery and thereafter he also died. shri krishnan therefore says that by mistake the appellant thought that the provisions of the service tax are similar to the provisions of incometax. therefore he filed .....

..... in the context of such schemes are both unwarranted and misplaced. they will do more harm than good by depriving the many of the little income that they may get to keep them from starvation. they would benefit a few at the cost of the many starving poor for whom the ..... no employment at all.6. the complainants have complained of an unfair labour practice as contemplated under item 6 of schedule iv of the act. the act does not define precisely what is an unfair labour practice. the definition clause leaves it to section 26 which in turn requires us to ..... providing full employment throughout the year, they would have given employment only to a small percentage of the population in need of income, the remaining vast majority being left with no income whatsoever. no fault could, therefore, be found with the limited object of the scheme given the limited resources at the ..... temporary employees, the industrial court has recorded a finding of an unfair labour practice within the meaning of item 6 of schedule iv of the act. the industrial court has unfortunately placed the whole burden on the petitioner company to prove the unfair labour practice as contemplated by the said item ..... legitimate dues to the temporary employees on par with the permanent employees barring some marginal benefits. like any tax payer who is always willing to have some rebate in the payment of tax by taking concessions under certain exemption schemes available under the law, it might be that the petitioner company .....